People v. Serrano CA4/3

DISCUSSION

The record of conviction shows appellant drove his pickup truck alongside a Chevy Camaro containing three rival gang members in order to enable one of his passengers to fire several shots into the Camaro. One of shots struck and killed 13-year old Markess Lancaster, who was in the back seat of the Camaro. The incident transpired after the two groups exchanged gang signs following a chance encounter at a liquor store in Riverside County. In addition to convicting appellant of first degree premeditated murder, the jury found appellant guilty of conspiracy to commit murder, two counts of attempted premeditated murder, and multiple counts of unlawfully possessing and discharging a firearm. The jury also found true various allegations, including the special circumstances allegations that the murder was carried out to further the activities of appellant’s gang and that it was achieved by means of discharging a firearm from a motor vehicle. (See Pen. Code, § 190.2, subds. (a)(21) & (a)(22).)

2 At trial, the jury was instructed that both of those special circumstances allegations required proof beyond a reasonable doubt that appellant harbored the intent to kill. And, in…